Common use of Food Business establishments and Operators subject to official controls and other official activities Clause in Contracts

Food Business establishments and Operators subject to official controls and other official activities. The Official Agency will perform official controls and/or other official activities on categories of food business establishments and operators as specified in statute and by the Authority. The food business establishments and operators will include those subject to Regulation (EC) No. 853/2004 and Regulation (EC) No. 852/2004. The Authority may, if necessary, determine responsibility for provision of official controls and other official activities for specific food business establishments and operators. The Authority, the Official Agency and other agencies will agree criteria for the allocation of supervising agency for certain establishments. Official controls and other official activities in food business establishments, and/or on operators shall be carried out by a single Official Agency and the Official Agency shall supervise all activities undertaken by the FBO. Where single agency supervision is not possible and the Official Agency shares responsibility for performing official controls and other official activities on food business establishments or operators with other Official Agencies, local arrangements will be made to coordinate appropriate supervision arrangements in consultation with the Authority. Where official controls and other official activities at certain establishments, are carried out in conjunction with other official agencies; timings and frequencies of inspections of such establishments should be agreed locally. Written records of the official controls and /or other official activities and notification of enforcement activity should be shared with the other official agency as appropriate. In conjunction with the Authority, the Official Agency shall maintain effective local working arrangements with other Official Agencies, as appropriate, to minimise the potential for supervisory gaps and overlaps in respect of such food business establishments and/or operators. The Official Agency will ensure that the activities undertaken by the food business establishments or operators are reviewed on a regular basis as part of the official controls performed. Where a change in activities has been identified the Official Agency will assess if these changes impact the: • legislation under which the food business establishment or operator operates and/or • the supervision arrangements for the food business establishment or operator and/or • the risk rating for official controls as per the Official Agency’s documented procedures. Where such an assessment identifies changes in the supervision arrangements for the food business establishment or operator, the Official Agency will progress the transfer in supervision arrangements in consultation with the Authority as appropriate.